All notes for Subtopic 1000.02093 – No-Strike Clause

DecisionDescriptionPERC Vol.PERC IndexDate
2418M Fresno County In-Home Supportive Services Public Authority
1000.02093: SCOPE OF REPRESENTATION; No-Strike Clause
Although a no strikes clause is a mandatory subject of bargaining, it also affects statutory rights of employees and employee organizations. While an employer may insist to impasse on a proposal to limit or waive the right to strike, it may not unilaterally impose a waiver of the right to strike, even after bargaining in good faith to impasse. more or view all topics or full text.
1997S State of California (Departments of Veterans Affairs and Personnel Administration)
1000.02093: SCOPE OF REPRESENTATION; No-Strike Clause
The parties’ expired MOU contained a no-strike provision. While the Board found that SEIU may have: (1) “condoned” the sick-out; (2) failed to provide notice to union staff of the no-strike provisions of the MOU; and (3) failed to provide sufficient encouragement for “sick” employees to return to work, the Board found that such did not constitute a unilateral change by SEIU of the no-strike provision. The Board did not find that SEIU implemented a new policy, breached the provision in the past or would do so in the future, or that the breach had a generalized effect upon bargaining unit members. more or view all topics or full text.